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Res P-83-55RESOLUTION NO. P-83-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 83-03 AND DEVELOPMENT REVIEW 83-10 ASSESSOR'S PARCEL NUMBER 317-49-048 WHEREAS, Conditional Use Permit and Development Review, submitted by J & R Construction Applicant, requests approval of an addition to an existing restaurant to allow for drive-through service located at 12711Poway Road in the CO (Commercial Office) zone; and, WHEREAS, on December 13, 1983, the City Council held a duly advertised public hearing to solicit comments from the public, both pro and con, relative to this application. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Findings: Conditional Use Permit That the location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources; 2o That the harmony in scale, bulk, coverage and density is consistent with adjacent uses and is consistent with the Community Design Element of the General Plan; 3. That there are available public facilities, services and utilities; 4. That there will not be a harmful effect upon desirable neighborhood characteristics; 5. That the generation of traffic will not adversely impact the surrounding streets and/or the City's Circulation Element; 6® That the site is suitable for the type and intensity of use or development which is proposed; That there will not be significant harmful effects upon environmental quality and natural resources; That there are no other relevant negative impacts of the proposed use that cannot be mitigated; and That the impacts, as described above, and the location of the proposed use will not adversely affect the City of Poway General Plan for future as well as present development. Resolution No. P-83-55 Page 2 Development Review 1. That the proposed development is in conformance with the Poway General Plan. 2. That the proposed development will not have an adverse aesthetic, health, safety or architecturally related impact upon adjoining properties. 3. That the proposed development is in compliance with the Community Design Element of the General Plan and the Zoning Development Code. 4. That the proposed development encourages the orderly and harmonious appearance of structures and property within the City. Section 2: Environmental Findings: This project will not have an adverse impact to the environment and a categorical exemption has been issued. Section 3: City Council Decision: The City Council hereby approves Conditional Use Permit 83-03 and Development Review 83-10 subject to the following conditions: 1. The existing pole sign shall be replaced by a monument sign no higher than ten (10) feet. 2. Directional signage "Right Turn Only" adjacent to the egress to Poway Road shall be included in the subsequent sign permit application. 3. All directional signage shall be located and installed to the satisfaction of the Director of Planning Services to ensure conformity with the Community Design Element of the General Plan and the Comprehensive Sign Ordinance. 4. Fire Protection fees shall be revised as a result of the structure addition in accordance with City Ordinance. 5. All new landscaping areas shall have a 6" high P.C.C. curbing. 6. Landscaping shall be provided in all areas as designated on Attachment 6 of the December 13, 1983 staff report for this project. Resolution No. P-83-55 Page 3 2® 4e 5o 6e 7e 8e Section 4: City Council Decision: The City Council hereby approves Conditional Use Permit 83-03 and Development Review 83-10 subject to the following Standard Conditions: APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND BUILDING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: S ~I'TE DEVELOPM~T Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein. Approval of this request shall not waive compliance with all sections of the Zoning Development Code and all other applicable City Ordinances in effect at the time of building permit issuance. Trash receptacle areas for commercial, manufacturing, and multifamily developments shall be enclosed by a 6 foot high masonry wall with view-obstructing gates pursuant to City standards. Location shall be subject to approval by the Planning Services Department. Ail roof appurtenances, including air conditioners, shall be architecturally integrated, shielded from view and sound buffered from adjacent properties and streets as required by the Planning Services Department. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance. For a new commercial or industrial development, or addition to an existing development, the applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees. These fees shall be paid prior to building permit issuance. This approval shall become null and void if building permits are not issued for this project within one year from the date of project approval. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast with their background color. Resolution No. P-83-55 Page 4 Bo PARK'rBC AmD V~cflXCULAR ACCESS 1. All parking lot landscaping shall consist of a minimum of one fifteen (15) gallon size tree for every three (3) parking spaces. For parking lot islands, a minimum 12 inch wide walk adjacent to parking stalls shall be provided and be separated from vehicular areas by a 6 inch high, 6 inch wide portland concrete cement curbing. 2. All parking spaces shall be double striped. C o LAEDSCAPIEG 1. A detailed landscape and irrigation plan shall be submitted to and approved by the public Services Department and Planning Services Department prior to the issuance of building permits. 2. Street trees, a minimum of 15 gallon size or larger, shall be installed in accordance with the City of Poway Ordinance and shall be planted at an average of every 30 feet on interior streets and 20 feet on exterior streets. 3. Ail landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. D o S IGRS 1. Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. Eo RE~REATIOE No Conditions F. EXISTIRG STRIJCT~JRRS No Conditions Go ADDITIORAL APPROVALS REQUIRED No Conditions II. APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: Ho GRADIEG No Conditions STREETS AND SIDEWALKS I. Reciprocal access and maintenance and/or agreements shall be provided insuring access to all parcels over private roads, drives or parking areas and maintenance thereof to the satisfaction of the Director of Public Services 0 Resolution No. P-83-55 Page 5 2® The developer shall pay one half the cost of a City approved landscaped median not to exceed $3,000 along the project frontage with $1500 to be paid within 6 months of issuance of the building permit for the drive-thru. The remainder of the cost shall be paid within one year of the issuance of the building permit. The applicant shall provide the City with a signed agreement to that effect. DRAINAGE AI~D FLOOD COHTROL No Conditions U~XLXTX]~S No Conditions GKNKRAL REQUIRKMI~IITS AND APPROVALS No Conditions APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 13th day of December, 1983. ATTEST: Linda L. Oravec, Mayor Marjor~ie ~K. Wahlsten, City Clerk